m^^m^-m 




PROTECTION 0? MIGRATORY 
AND INSECTIVOROUS BIRDS OP THE 
UNITED STATES. 



»*•»#**•••*• 



62d Congress, 



Union Calendar No. 231 

i 



2d Session. ( I No. 680 



PROTECTION OF MIGRATORY AND INSECTIVOROUS GAME 
BIRDS OF THE UNITED STATES. 



May 9, 1912. — Committed to the Committee of the Whole House on the state of the 
Union and ordered to be printed. 



Mr. Lee of Georgia, from the Committee on Agriculture, submitted the 

following 

REPORT. 

[To accompany H. R. 36.] 

The Committee on Agriculture, to whom was referred the bill 
(H. R. 36) to protect migratory and insectivorous game birds of the 
United States, having considered the same, a majority of the com- 
mittee beg to report it back to the House with amendments and with 
the recommendation that the bill as amended do pass. 

The object of the bill is stated in the title thereof. The committee 
gave a public hearing and a large amount of testimony was produced 
before it to sustain the provisions of the bill. It appeared that most 
of the States of the Union have laws more or less effective in the pro- 
tection of game or other birds resident and breeding within their 
borders, and by special reservation in the bill none of its provisions 
are to be deemed to affect or to interfere with these laws as to such birds 
or to prevent the States from enacting laws and regulations in aid of 
the regulations of the Department of Agriculture provided for in this 
bill. Through these local laws, however, it appeared that because of 
their nomadic habits little or no real protection was afforded water 
fowl and other migratory game birds, and therefore, to secure for 
them adequate protection, particularly in the spring, when they are 
on their way to their nesting grounds, they should be placed under 
the custody of the General Government. It also appeared that 
some of the most valuable species of these nomads would soon be 
extinct unless immediate congressional protection is afforded. 

It was clearly shown that the economic aspect was twofold. The 
game birds yield a considerable and an important amount of highly 
valued food, and if given adequate protection will be a constant 
valuable asset. The insectivorous migratory birds destroy annually 
thousands of tons of noxious weed seed and billions of harmful 



2 PROTECTION OF MIGRATORY GAME BIRDS. 

insects. These birds are the deadliest foe yet found of the boll 
weevil, the gypsy and brown-tailed moths, and other like pests. The 
yearly value of a meadow lark or a quail in a 10-acre field of cotton, 
corn, or wheat is reckoned by experts at $5. The damage done to 
growing crops in the United States by insects each year is estimated, 
by those who have made the matter a special study, at about 
$800,000,000. 

The majority of the committee believe that to give Federal pro- 
tection to these birds is no invasion of State rights for, being migra- 
tory, they belong to no single State, but to all the States over which 
they pass and within which they simply pause for food, rest, or 
breeding. It is believed that the question is purely a Federal one 
and that under the strictest construction of the Constitution these 
migratory birds may and should be subject and entitled to national 
protection by act of Congress. 

The interstate bird is as interstate commerce and should be pro- 
tected by and subject to the laws of the Nation. Nearly all of the 
States of the Union were represented at the hearings by persons, 
telegrams, petitions, or letters, as will be shown by the tables in the 
exhibits attached hereto. 

The committee recommends the following amendments : Change the 
title by inserting after the word "game" the words "and insec- 
tivorous." 

In line 5, page 1, after the word "game," insert the words "and 
insectivorous." 

In line 6, page 2, after the word "fine," insert "not exceeding 



In line 7, page 2, after the word "imprisonment," insert "not 
exceeding 90 days." 

In line 16, page 2, change the word "effect" to "affect." 

In line 18, page 2, strike out "localized" and insert "or other birds 
resident and breeding." 

Then add to the bill— 

Sec. 4. That there is hereby appropriated, out of any public money in the Treasury 
not otherwise appropriated, for the purpose of carrying out the provisions of this act, 
the sum of ten thousand dollars. 

Forty-four of the forty-eight States of the Union were represented 
at the committee hearing by letter or in person either through their 
governors or their State game commissioners, or through representa- 
tives of sportmen's associations, National Association of Audubon 
Societies, the American Game Protection and Propagation Associa- 
tions, the Boone and Crockett Clubs, the League of American Sports- 
men, the New York Zoological Society, and other national associations 
interested in the protection proposed by the bill. All favored this 
legislation being added to the Federal Statutes. Three ot the State';, 
Oklahoma, New York, and Massachusetts, have indorsed the propo- 
sition by legislath 7 e act. 

Alabama: State game and fish commissioners. 

Arkansas: State game warden. 

California: Board of fish and game commissioners. 

Colorado: Game commissioner, and letter from Gov. Shafroth. 

Connecticut: Commissioner of fish and game. 

Delaware: Board of game and fish commissioners. 

Georgia: Fish and game protective association. 

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4 ; *i? 



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PROTECTION OF MIGRATORY GAME BIRDS. 



.Idaho: Letter from Gov. Hawley. 

Illinois: State game commissioner. - 
-.; Indiana: State fish and game commissioner, and letter from Gov. Marshall. 

Iowa: State fish and game warden. 
"V> Kansas: State fish and game warden. 
• Kentucky: Fish and game commissioner. 
^ Maine: President, Maine Fish and Game Association. 

Maryland : State fish and game warden. 

Massachusetts: Fish and game commission. 

Michigan: State game, fish, and forestry warden, and letter from Gov. Osborn. 

Minnesota: Minnesota Game and Fish Commission, and letter from Gov. Eherhart. 

Mississippi: State game warden. 

Missouri: State game and fish department. 

Montana: State game warden. 

Nebraska: Chief game warden. 

New Hampshire: Board of fish and game commissioners. 

New Jersey: Fish and game commissioners. 

New Mexico: Game warden. 

New York: Board of fish and game commissioners, and letter from Gov. Dix. 

North Carolina: President North Carolina Audubon Society. 

North Dakota: Letter from Gov. Burke. 

Ohio: Chief fish and game warden. 

Oklahoma: State game and fish warden, and letter from Gov. Cruce. 

Oregon: Fish andgame commission, and letter from Gov. West. 

Pennsylvania: Board of game commissioners. 

Rhode Island: Chairman of bird commission. 

South Carolina: Chief game warden. 

South Dakota: State game warden, and letter from Gov. Vessey. 

Tennessee: State game warden. 

Texas: Game, fish, and oyster commissioner, and letter from Gov. Colquitt. 

Utah; Fish and game commissioner, and letter from Gov. Spry. 

Vermont: Department of fisheries and game. 

Virginia: Secretary same protective association. 

Washington: Fish'and game commissioner. 

West Virginia: West Virginia State forest, game, and fish warden. 

Wisconsin: State game warden, and letter from Gov. McGovem. 

Wyoming: Letter from Gov. Carey. 

Nova Scotia: Chief game commissioner. 

Also resolutions of the Legislatures of Oklahoma, New York, and 
Massachusetts. 

In 1857 the Legislature of Ohio considered the passage of a bill 
protecting the wild pigeon. The wisdom of its senate formulated the 
following by a select committee : 

Passenger Pigeon and Snipe in Ohio, 1857. 

The passenger pigeon needs no protection. Wonderfully prolific, having the va&-« 
forests of the North as its breeding grounds, traveling hundreds of miles in search of 
food, it is here to-day and elsewhere "to-morrow, and no ordinary destruction can lessen 
them or be missed from the myriads that are yearly produced. 

The snipe (Scolopax icihonii) needs no protection. * * The snipe, too, like 

the pigeon, will take care of itself, and its yearly numbers can not be materially 
lessened bv the gun. . , 

The wild goose does not, perhaps, need general protection, though if any linger here 
till near breeding time they should be spared. 

It was but a short time after these statements before their unwisdom 
was demonstrated. 

It appears that in Canada, where most of the ducks breed which 
winter on the Atlantic coast, there is no shooting between January 1 
and September. . _,. . ' „ _ 

The following is from Dr. T. S. Palmer, Assistant Chief of Bureau 
of Biological Survey, United States Department of Agriculture, and 



4 PROTECTION OF MIGRATORY GAME BIRDS. 

presented to the House Committee on Agriculture while this bill was 
under consideration: 

Exhibit A. — Memorandum Concerning the Movement in Favor of Federal 

Protection. 

[By T. S. Palmer.] 

For several years past a movement has been in progress to place the protection of 
migratory birds in charge of the Federal Government. With the multiplicity of 
State laws and the divergence in their provisions, coupled with the frequently recog- 
nized reluctance on the part of State legislatures to extend protection to the birds 
which do not breed within the State, there has been a feeling that the most effective, 
if not the only permanent, protection to be secured, is through the efforts of the Gen- 
eral Government. This idea was finally crystallized into definite form in 1904 by Hon. 
George Shiras, 3d, then a Member of Congress from Pennsylvania, who introduced 
on December 5, 1904, a bill (H. R. 15601) to protect the migrxtory game birds of the 
United States. This measure was introduced, but no hearing was requested, the 
object being to bring the matter to the attention of sportsmen and to invite a full dis- 
cussion of its provisions, especially on the question of constitutionality. The meas- 
ure at once attracted general notice and was discussed throughout the United States. 
It provided, in effect, that migratory game birds should hereafter be deemed to be 
within the custody and protection of the United States Government and should not 
be captured except under regulations provided by the Department of Agriculture, 
and that such regulations should be made public for a period of three months before 
final adoption. The bill was referred to the House Committee on Agriculture, but 
was not reported before the adjournment of Congress. At the close of the session Mr. 
Shiras retired from Congress, but continued his interest in the subject and prepared 
an elaborate brief on Federal protection of wild fowl, which was later published as a 
supplement to Forest and Stream. 1 In this paper he discussed very fully the rela- 
tions of the jurisdiction of the General Government and the States and more especially 
"Federal control of things migratory," including migratory diseases, migratory 
insects, migratory birds, and migratory fish. 

The Rixey bill. — In the session of Congress following the introduction of the Shiras 
bill, Mr. Rixey, of Virginia, introduced, on February 28, 1906, in the first session of 
the Fifty-ninth Congress, a bill (H. R. 15849) to protect wild waterfowl on the Poto- 
mac River and its tributaries. Under this bill it was made unlawful to shoot water- 
fowl of any kind on the Potomac River from any boats except sailboats and rowboats, 
or with any guns larger than No. 8, or to shoot before daybreak or after dark. The 
United States district courts, the police court of the District of Columbia, the United 
States commissioners, and justices of the peace in Maryland, Virginia, and the Dis- 
trict of Columbia were given jurisdiction to try all cases arising under the act, and 
it was made the duty of all United States officers and all United States buoy tenders, 
officers of the United States tugboats and transfer boats running between the District 
of Columbia and Indianhead to enforce the provisions of the act. The provisions 
giving United States district courts jurisdiction and requiring certain United States 
officers to enforce the law virtually places the protection of migratory birds under 
the protection of the General Government and, though of local application, made the 
bill one of great importance in the development of the question of Federal jurisdic- 
tion of migratory game. This bill was also referred to the House Committee on 
Agriculture and two or three months later a hearing was granted, and the committee 
voted to refer the measure to the Attorney General for an opinion as to its constitu- 
tionality; but further than this no other action seems to have been taken. 

The Weeks bill. — The third attempt at legislation regarding migratory birds was 
made at the second session of the Sixtieth Congress. On December 8, 1908, Hon. 
John W. Weeks, of Massachusetts, introduced a bill (H. R. 22888) to protect migra- 
tory game birds of the United States. This measure, modeled closely after the Shiras 
bill, was referred to the Committee on Agriculture, but was not reported. At the 
first session of the Sixty-first Congress Mr. Weeks, on May 28, 1909, reintroduced his 
bill (H. R. 10276) with slight modifications, and it was again referred to the same 
committee. During the winter of 1909-10 renewed interest in the subject was mani- 
fested throughout the country, and the Weeks bill was widely discussed in sportsmen's 
journals, 1 and its provisions were generally indorsed by those who are interested in 
game protection. Some persons, though strongly in favor of the purpose of the meas- 

1 Among the more important articles on the subject is that by A. S. Houghton on " Federal protection 
for our migratory birds." (Field and Stream, Vol. XV, pp. 851-857, Jan., 1910.) 



PROTECTION OF MIGRATORY GAME BIRDS. 5 

ure, hesitated to indorse its provisions owing, chiefly, to some doubt as to the consti- 
tutionality of a measure which gave the General Government jurisdiction over 
migratory birds. 

The Lafean bill. — Another recent effort to place birds under Federal jurisdiction 
was a bill (H. R. 18585) providing for the protection of Antwerp homing pigeons when 
in an interstate flight, introduced on January 18, 1910, by Hon. D. F. Lafean, of 
Pennsylvania. Under the provisions of this measure it was made an offense, pun- 
ishable by a fine of $5 to $50, or by imprisonment for not more than 50 days, to kill 
or capture any registered, banded carrier pigeon while in interstate flight. This 
measure was referred to the Committee on Interstate and Foreign Commerce. 

A later modification of the Weeks bill, which may be known as the Lacey modifica- 
tion, was introduced by Mr. Weeks in the Sixty-first Congress on January 6, 1911. 
This bill (H. R. 30572) was prepared by Hon. John F. Lacey several years before. In 
explaining its provisions Mr. Lacey says: 

"The bill that I finally prepared was in substance limited to spring migration, and 
drawn so as to protect the birds during the varying periods of their northward progress. 
The period of protection might vary, but the actual time would always be susceptible 
of proof." 

Section 1 of the bill reads as follows: 

"That from and after the passage of this act it shall be unlawful anywhere in the 
United States or the Territories thereof or in the District of Columbia to shoot, trap, 
snare, capture, injure, or kill any of the following-named migratory birds during the 
period of their northern migration in the spring of the year: Ducks, geese, brant, 
swans, rail, snipe, pigeons, doves, woodcock, plover, or other waterfowl commonly 
classed and known as game birds, whether herein named or not; also robins, bluebirds, 
woodpeckers, or other insectivorous, migratory wild birds, whether named herein 
or not." 

The full text of this bill, with an explanation by the author, may be found in Field 
and Stream, Volume XV, page 1024, March, 1911. 

At the first session of the Sixty-second Congress three bills and a Senate joint resolu- 
tion were introduced on the subject of the protection of migratory game birds. These 
measures were as follows: The Weeks bill (H. R. 36), introduced April 4, 1911; the 
Anthony bill (H. R. 4428), introduced April 12, 1911; the McLean bill (S. 2367), 
introduced May 17; and Senate joint resolution 39, proposing an amendment to the 
Constitution providing that Congress shall have power to protect migratory birds, 
introduced June 28. The McLean bill follows much the same lines as the Anthony 
bill. 

In order to show the development of proposed legislation the provisions of the 
original Shiras 1 ill and the Weeks bill of 1909 are given in parallel columns. [These 
should be compared with the bill reported by the committee.] 

Shiras Bill. Weeks Bill (Modification of 1909). 

[58th Cong., 3d sess., H. R. 15601, Dec. 5, 1904.] [61st Cong., 1st sess., H. R. 10276, May 28, 1909.] 

A BILL To protect migratory game birds of the A BILL To protect migratory birds of the United 
United States. States. 

Whereas experience has shown that 
laws passed by the States and Terri- 
tories of the United States to protect 
game birds within their respective 
limits have proved insufficient to pro- 
tect those kinds and classes of said 
birds which are migratory in their 
habits and which nest and hatch their 
young in States other than those in 
which they pass the usual hunting sea- 
son, and in some cases breed beyond 
the boundaries of the United States: 
and 

Whereas such local laws are also inap- 
plicable and insufficient to protect 
such game birds as, in their migra- 
tions, are found in the public waters of 
the United States, outside the limits 
and jurisdiction of the several States 
and Territories; and 



6 



PROTECTION" OF MIGRATORY GAME BIRDS. 



Whereas the absence of uniform and 
effective laws and regulations in such 
cases has resulted in the wholesale 
destruction and the threatened exter- 
mination of many valuable species of 
said game birds, which can not be prac- 
tically restored or restocked under 
State laws applicable in the case of 
game buds having their permanent 
habitat within the respective States 
and Territories: Therefore, 
Be it enacted by the Senate and House of 
Representatives of the United States of 
America in Congress assembled, That all 
wild geese, wild swans, brant, wild ducks, 
snipe, plover, woodcock, rail, wild 
pigeons, and all other migratory game 
birds which in then northern and south- 
ern migrations pass through or do not 
remain permanently the entire year 
within the borders of any State or Terri- 
tory, shall hereafter be deemed to be 
within the custody and protection of the 
Government of the United States and 
shall not be destroyed or taken contrary to 
regulations hereinafter provided for. 

Sec. 2. That the Department of Agri- 
culture is hereby authorized to adopt 
suitable regulations to give effect to the 
previous section by prescribing and fixing 
closed seasons, having due regard to the 
zones of temperature, breeding habits, 
and times and line of migratory flight, 
thereby enabling the department to select 
and designate suitable districts for differ- 
ent portions of the country within which 
said closed seasons it shall not be lawful 
to shoot or by any device kill or seize and 
capture migratory birds within the pro- 
tection of this law, and by declaring penal- 
ties by fine or imprisonment, or both, for 
violations of such regulations. 

Sec. 3. That the Department of 
Agriculture, after the preparation of 
said regulations, shall cause the same 
to be made public and shall allow a 
period of three months in which said 
regulations may be examined and con- 
sidered before final adoption, permit- 
ting, when deemed proper, public hear- 
ings thereon, and after final adoption 
to cause same to be engrossed and sub- 
mitted to the President of the United 
States for approval: Provided,, how- 
ever, That nothing herein contained 
shall be deemed to affect or interfere 
with the local laws of the States and 
Territories for the protection of game 
localized within their borders, nor to 
prevent the States and Territories 
from enacting laws and regulations to 
promote and render efficient the regu- 
lations of the Department of Agricul- 
ture provided under this statute. 



Be it enacted by the Senate and House of 
Representatives of the United States of 
America in Congress assembled, That all 
geese, swans, brant, ducks, snipe, plover, 
woodcock, rail, pigeons, and all other mi- 
gratory birds which, in their northern and 
southern migrations, pass through or do not 
remain permanently the entire year within 
the borders of any State or Territory shall 
hereafter be deemed to be within the cus- 
tody and protection of the Government of 
the United States, and shall not be de- 
stroyed or taken contrary to regulations 
hereinafter provided for. 

Sec. 2. That the Department of Agri- 
culture is hereby authorized to adopt 
suitable regulations to give effect to the 
previous section by prescribing and fixing 
closed seasons, having due regard to the 
zones of temperature, breeding habits, 
and times and line of migratory flight, 
thereby enabling the department to select 
and designate suitable districts for differ- 
ent portions of the country within which 
said closed seasons it shall not be lawful 
to shoot or by any device kill or seize and 
capture migratory birds within the pro- 
tection of this law, and by declaring penal- 
ties by fine or imprisonment, or both, for 
violations of such regulations. 

Sec 3. That the Department of 
Agriculture, after the preparation of 
said regulations, shall cause the same 
to be made public and shall allow a 
period of three months in which said 
regulations may be examined and con- 
sidered before final adoption, permit- 
ting, when deemed proper, public hear- 
ings thereon, and after final adoption 
to cause same to be engrossed and sub- 
mitted to the President of the United 
States for approval: Provided, how- 
ever, That nothing herein contained 
shall be deemed to affect or interfere 
with the local laws of the States and 
Territories for the protection of game 
localized within their borders, nor to 
prevent the States and Territories 
from enacting laws and regulations to 
promote and render efficient the regu- 
lations of the Department of Agricul- 
ture provided under this statute. 



PROTECTION OF MIGRATORY GAME BIRDS. 7 

Exhibit B. — Statutory Definitions of Game Birds. 

Game birds are defined by law in at least 35 States. Congress has also denned them 
under the game laws of Alaska and the District of Columbia, as follows: 

Alaska.- — The term "game birds" shall include waterfowl, commonly known as 
ducks, geese, brant, and swans; shore birds, commonly known as plover, snipe, and 
curlew, and the several species of grouse and ptarmigan. (35 Stat., 102.) 

District of Columbia. — The following only shall be considered game birds: The 
anatidse, commonly known as swans, geese, brant, river and sea ducks; the rallidse, 
commonly known as rails, coots, mud hens, and gallinules; the limicolse, commonly 
known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and 
curlews; the gallinse, commonly known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges, and quails, and the species of icteridse, commonly known as 
marsh blackbirds and reed birds or rice birds. (31 Stat., 1091.) 

These definitions show much uniformity, and in general confine the game list to 4 
natural groups of birds: 

1. Waterfowl (anatidse). 2. Shore birds (limicolse). 3. Rails, coots, and gallinules 
(rallidse). 4. Gallinaceous birds, including grouse, quail, and turkeys (gallinse). 

In some States doves and robins are added, and in still others a few species of minor 
importance. 

Following are the definitions under each State law. With comparatively few 
exceptions, the list in each State is confined to the representatives in that State of the 
four groups above mentioned: 

Alabama. — The following only shall be considered game birds: The anatidse, com- 
monly known as swans, geese, brant, and river and sea ducks; rallidse, commonly 
known as rails, coots, mud hens, and gallinules; the limiculse [limicolse], commonly 
known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and 
curlews; the gallinse, commonly known as wild turkeys, grouse, pheasants, and quails; 
and the species of columbse, commonly known as turtle or mourning doves. (Criminal 
Code, 1907, chap. 224, sec. 6956.) 

California. — The following only shall be considered game birds: The anatidse, com- 
monly known as swans, geese, brant, and river and sea ducks; the rallidse, com- 
monly known as rails, coots, mud hens, and gallinules; the limiculoe [limicolse], com- 
monly known as shore birds, plover, surf birds, snipe, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quails; and the species of columba; known as wild pigeons and doves. 
(Penal Code, sec. 637a.) 

Colorado. — The following only shall be considered game birds: The anatadas [ana- 
tidse], commonly known as ducks, geese, brants, crane, and swans; the rallidse, com- 
monly known as rails, gallinules, coots, and phalaropes, avocets, stilts, woodcocks, 
snipes, dowitchers, sandpipers, sanderlings, god wits, yellow legs, willets, curlews, 
plovers, killdeers, and turnstones; the gallinse, commonly known as quails, partridges, 
grouse, prairie chickens, pheasants, and wild turkeys; the columbse, commonly known 
as wild pigeons and doves. (Laws of 1903, p. 227, sec. 1.) 

Connecticut. — The following only shall be considered game birds: The anatadse 
[anatidse], commonly known as swans, geese, brant, and river and sea ducks; the ral- 
lidse, commonly known as rails, coots, mud hens, and gallinules; the limiculaw [limi- 
colse], commonly known as shore birds, plovers, surf birds, snipe, woodcock, sand- 
pipers, tattlers, and curlews; the gallinse, commonly known as wild turkeys, grouse, 
prairie chickens, pheasants, partridges, and quails. (Code, chap. 191, sec. 3127.) 

Delaware. — The following only shall be considered game birds: The anatadse [ana- 
tidse], commonly known as geese, brant, and river and sea ducks; the rallidse, com- 
monly known as rails, coots, mud hens, and gallinules; the limicolse, commonly known 
as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinre, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quail; also the reed bird of the icteridse and the dove. (Vol. 26, 
chap. 165, sec. 2.) 

Florida. — The following only shall be considered game buds: The anatadse [anatidse] 
commonly known as swans, geese, brant, and river and sea ducks; the rallidse, com- 
monly known as rails, coots, mud hens, and gallinules; the simicolse [limicolse], com- 
monly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, 
and curlews; the gallinse, commonly known as wild turkeys, grouse, prairie chickens, 
pheasants, partridges, and quails; also turtle doves, tame and wild pigeons, and 
robins. (Laws of 1901, chap. 4957.) 

Georgia. — The following shall be deemed game birds: Quail, commonly known as 
bob white partridges, doves, snipe, woodcocks, and curlews, wild turkeys, grouse, 
pheasants, * * * and summer or wood duck. (Laws of 1911, No. 238, sec. 11.) 



8 PROTECTION OF MIGRATORY GAME BIRDS. 

Illinois.- — The following only shall be considered game birds: The anatidse, com- 
monly known as swan, geese, brant, river and sea ducks; the rallidse, commonly 
known as rail, and the gallinules and limicolse, commonly known as shore birds, 
plover, surf birds, snipe, woodcock and pipers, tattlers, and curlews; the calinane 
[gallinse], commonly known as wild turkey, grouse, prairie chicken, pheasant, 
partridges, quail, and mourning dove. (Laws of 1905, p. 243, sec. 3.) 

Indiana. — Game birds: The anatidse, commonly called swans, geese, brant, river 
and sea duck; the rallidse, commonly called rails, coots, mud hens, gallinules; the 
limicolse, commonly called shore birds, surf birds, plover, snipe, woodcock, sandpipers, 
tattlers, and curlews; the gallinse, commonly called wild turkeys, grouse, prairie 
chickens, quail, and pheasants. (Code, sec. 602.) 

Iowa. — The following only shall be considered game birds: The anatidse, com- 
monly known as swans, geese, brant, and river and sea ducks; the rallidae, commonly 
known as rails, coots, mud hens, and gallinules; the limicolse, commonly known as 
shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quail. (Code, chap. 15, sec. 2561.) 

Kansas. — Game birds, commonly known as geese, brant, any wild river or sea ducks, 
and plover or snipe, any grouse or prairie chicken, or any quail. (Taws of 1911, chap. 
198, sec. 15.) 

Kentucky. — The following only shall be considered game birds: The anatidse, com- 
monly known as swans, geese, trant, and river and sea ducks; the rallidse, commonly 
known as rails, coots, mud hens, and gallinules; the limicolse, commonly known as 
shore birds, plovers, surf Hrds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quail; and the species of columbidse, commonly known as mourning 
doves. (Gen. Stat., 1904, sec. 1954 A.) 

Louisiana. — The following only shall be considered game birds: Wild geese, brant, 
wild sea and river ducks, wood ducks, grosbeaks, rails (mud hens), coots (poule d'eau), 
gallinules, snipe, woodcock, sandpipers (cherooks and papabotte), tattlers, curlews, 
plover, wild turkey, imported pheasants and partridges, grouse, prairie chickens, 
quail, doves, robins, and red-winged blackbirds. (Laws of 1910, No. 259, sec. 2.) 

Maine. — The following only shall be considered game birds : The anatidse, commonly 
known as swans, geese, brant, and river and sea ducks; the rallidse, commonly known 
as rails, coots, and gallinules; the limicolse, commonly known as shore birds, plovers, 
surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; the gallinse, commonly 
known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails. 
(Laws of 1909, chap. 90.) ' 

Michigan. — The following shall be considered * * * game birds: The anatidse, 
commonly known as geese, brant, and wild duck; the rallidse, commonly known as 
rails, coot, and gallinules; the limicolse, commonly known as shore birds, snipe, wood- 
cock, plovers, and sandpipers, tattlers, and curlews; the gallinse, commonly known as 
pheasants, grouse, prairie chicken, and quail. (Laws of 1911, act 275, sec. 13.) 

Minnesota. — The following only shall be considered game birds: Theanatidse, com- 
monly known as swan, geese, brant, river and sea ducks; the linolse [limicolse], com- 
monly known as plover, snipe, and woodcock; the gallinse, commonly known as 
grouse, prairie chickens, pheasants, partridges, and quail. (Laws of 1905, chap. 344, 
sec. 39.) 

Mississippi. — The following shall be considered game birds: Swans, geese, brant, 
wood duck, rail (mud hen), river and sea ducks, coots, gallinules, surf birds, snipe, 
plover, grosbeak, wild turkey, prairie chickens, quail, and doves, woodcock, sand- 
pipers, tattlers, and curlews. (Laws of 1904, chap. 98, sec. 2.) 

Missouri. — The following only shall be considered game birds: The anatidse, com- 
monly known as swans, geese, brant, river and sea ducks; the rallidse, commonly 
known as rails, coots, mud hens, and gallinules; the limicolse, commonly known as 
shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quails; the eohnnbse, commonly known as doves and pigeons. (Laws 
of 1909, p. 519.) 

Nebraska. — Turkey, prairie chicken,- sage chicken, grouse, quail, pheasant, par- 
tridge, ptarmigan, wild duck, wild goose, brant, swan, crane, wild water fowl, wild 
pigeon, dove, snipe, curlew. (Game laws, 1911, art. 2, sec. 1.) 

New Hampshire. — The following only shall be considered game birds: The anatidse, 
commonly known as swans, geese, brant, and river and sea ducks; the rallidse, com- 
monly known as rails, coots, mud hens, and gallinules; the limicolse, commonly known 
as shore birds, plover, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quails. (Laws of 1901, chap. 79, sec 33.) 



PROTECTION" OF MIGRATORY GAME BIRDS. 9 

New Jersey. — The following shall be considered game birds: The anatidse, com- 
monly known as swans, geese, brant, and river and sea ducks; the rallidse, commonly 
known as rails, gallinules, coots, and mud hens; the limicolse, commonly known as 
shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quails; and the species of ieteridse commonlv known as reed birds. 
(Laws of 1911, chap. 168.) 

North Carolina. — The following only shall be considered game birds: Loons and 
grebes, swans, geese, brant, river fish, and sea ducks, rails, coots, marsh hens and 
gallinules, plover, shore and surf birds, snipe, woodcock, sandpipers, yellow legs, 
chewink or towhee arid curlews, and the wild turkey, grouse, partridge, pheasant, 
quail, dove, robin, and meadow lark. (Code, 1905, sec. 1875.) 

North Dakota. — The following only shall be considered game birds: The anat- 
idse, commonly known as the swan, geese, brant, river and sea ducks; the limicolse, 
commonly known as plover, snipe, woodcock; the gallinse, commonly known as 
grouse, prairie chicken, pheasants, partridges, and quail. (Laws of 1911, chap. 141, 
sec. 12.) 

Ohio. — The birds named in this section shall be known and classed as game birds 
in contradistinction to all other birds: [Virginia partridge, quail, ruffed grouse, wood- 
cock, Carolina dove, rail, shore bird, plover, snipe, wild duck, wild goose, wild swan, 
coot, mud hen, Mongolian pheasant, English pheasant, ring-necked pheasant, or 
other pheasant.] (Code, sec. 1412. ) 

Oklahoma. — The term "game bird" shall include quail, partridge, pheasant, 
grouse, prairie chicken, wild turkey, plover, snipe, sandpipers, tattlers, curlew, 
woodcock, ducks, geese, brant, crane, swans, wild pigeons, and turtle doves. It 
shall also include any part of such bird. (Laws of 1909, chap. 19, art. 1.) 

Oregon. — The following shall be considered game birds: The anatidse, commonly 
known as swan, geese, brant, and river and sea ducks; the rallidse, commonly known 
as rails, coots, mud hens, and gallinules; the limicolse, commonly known as shore 
birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and cm-lews; the 
gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quail. (Code, sec. 2268.^) 

Pennsylvania. — The following shall be considered game birds in this Common- 
wealth: The anatidse, commonly known as swan, geese, brant, and river and sea 
ducks, and the pygopodes, known as loons and grebes — the members of these two 
orders being commonly known as wild waterfowl — the rallidse, commonly known 
as rails, coots, mud hens, and gallinules; the limicolse, commonly known as shore 
birds, plovers, surf birds, snipe, woodcocks, sandpipers, tattlers, and curlews; the 
gallinse, commonly known as wild turkeys, grouse, pheasants, partridges, and quail; 
and the birds known as dove, reed birds, and blackbirds. (Laws of 1909, No. 204, 
sec. 5.) 

South Carolina. — The following shall be considered game birds: Swans, wild 
geese, brant, wild ducks, rails (marsh hens), coots, gallinules, surf birds, snipe, wood- 
cock, sandpipers, upland plover, curlew, wild turkey, prairie chicken, quail (par- 
tridge), rice birds, blackbird, and dove. (Laws of 1905, No. 474, sec. 2.) 

South Dakota. — The following only shall be considered game birds: The anatidse, 
commonly known as swans, gee;e, brants, and river and sea ducks; the rallidse, com- 
monly known as rails, coots, mud hens, and gallinules; the limicolse, commonly known 
as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; 
the gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, 
partridges, and quail. (Laws of 1907, chap. 159, sec. 2.) 

Tennessee. — The folio ing * * * birds only shall be considered as game: The 
gallinse, commonly known as wild turkeys, grouse, prairie chickens, pheasants, sage 
hens, partridges, and quails; the anatidse, commonly known as swans, geese, brant, 
ducks — both river, lake, and sea ducks; the rallidse, commonly known as rails, coots, 
and mud hens; the limicolse, commonly known as plovers, snipe, woodcock, sand- 
pipers, tattlers, willets, curlews, god wits, and avocets; the icteridse, commonly known 
as marsh black birds; also doves, meadow larks, and robins. (Laws of 1907, chap. 
185, sec. 16.) 

Texas. — The following shall be considered game birds: Wild turkey, wild ducks, 
wild geese, wild grouse, wild prairie chickens (pinnated grouse), wild Mongolian or 
English pheasants, wild quail or partridges, wild doves, wild pigeons, wild plover, 
wild snipe, wild jacksnipe, wild curlews, wild robins, and wild Mexican pheasants 
or cachalaca. (Laws of 1907, chap. 144, sec. 2.) 

Washington. — The following only shall be considered game birds: The anatidse, 
commonly known as swans, geese, brant, and river and sea ducks; the rallidse, com- 
monly known as rails, coots, mud hens, and gallinules; the limicolse, commonly known 



10 PROTECTION OF MIGRATORY GAME BIRDS. 

as shore birds, plovers, surf birds, snipe, sandpipers, tattlers, and curlews; the gal- 
linse, commonly known as grouse, prairie chickens, pheasants, partridges, and quail. 
(2 Rem. and Bal. Code, sec. 5345.) 

West Virginia. — The following shall be considered game birds, to wit: The anatadse 
[anatidse], commonly known as ducks, geese, swan, and brant; the rallidse, commonly 
known as mud hens, rails, coots, and gallinules; the limicolse, commonly known as 
shore birds, plover, snipe, woodcock, tattlers, curlews, ortolan, sandpiper; and gal- 
linse, commonly known as wild turkey, ruffed grouse or pheasant, quail or bobwhite. 
(Laws of 1909, chap. 60, sec. 23.) 

Wisconsin. — The following only shall be considered game birds: Gallinaceous birds 
or upland birds, to wit, pheasants, goruse, partridge, bobwhite or quail, and prairie 
chicken; anatidse or swimmers, to wit, wild geese, brandt, swan, all varieties of wild 
ducks, including American coot or mud hen; limicolse, shore birds or waders, to wit, 
woodcock, snipe, plover, rail, and rice hens. (Laws of 1907, chap. 544.) 

Wyoming. — The following shall be considered game birds: The anatidse, commonly 
known as swan, geese, brandt, and river and lake ducks; the rallidse, commonly known 
as rails, coots, and mud hens; the limicolse, commonly known as shore birds, plovers, 
snipe, sandpipers, tattlers, willets, curlews, godwits, and avocets; the gallinaw [gal- 
linse], commonly known as grouse, prairie chickens, pheasants, sage hens, partridges, 
and quails. (Comp. Stat., 1910, chap. 183, sec. 2788.) 



Exhibit C. — Some Important Dates Showing Progress in Protection op Migra- 
tory Birds. 

1791. New York: First close season for a migratory bird in the United States, wood- 
cock, February 20-July 1. 

1818. Massachusetts: First close season for woodcock, snipe, and robins, March 1- 
July 4. 

1846. Rhode Island: First law prohibiting spring shooting and first protection for 
waterfowl. Close seasons for robins, wood ducks, and black ducks. February 1- 
September 1; woodcock and snipe, February 1-October 1; grass plover, February 1- 
August 1 . 

1849. Massachusetts: First close season for plover, curlew, dough bird or chicken 
bird, April 20-July 1. 

1857. Ohio: Report of Senate committee on game bill, stating that certain migratory 
birds need no protection. (Rept. State board of agriculture for 1860, p. 387.) 

1859. Pennsylvania: First close season for rail. 

1861. Nevada: First close season for sandhill crane, geese, and swan, April 1-Sep- 
tember 1. 

1871. Minnesota: First law prohibiting export of woodcock for sale or traffic. 

1878. Iowa: First bag limit on migratory birds, 25 snipe and woodcock per day. 
Export of snipe and woodcock prohibited. 

■ 1887. Dakota: First general close season for ducks or other waterfowl. First bag 
limit on ducks. 

1899. Connecticut: First bag limit on rail. 

1899. Wyoming: First close term for migratory birds, swan protected at all times. 

1904. Introduction of the Shiras bill providing Federal protection for migratory 
birds. 

1904. Louisiana: Close term for wood duck at all seasons for five years (repealed 
1906). 

1908. Introduction of the Weeks bill providing Federal protection for migratory 
birds. 

1909. Memorial of the Legislature of Oklahoma petitioning Congress to enact a law 
protecting migratory birds (H. Con. Res. 5), approved January 30, 1909. 

1910. Status of protection of certain migratory birds: Ducks protected in 44 States; 
rail, in 33 States; snipe, in 40 States; woodcock, in 30 States. 



PROTECTION OF MIGRATORY GAME BIRDS. 



11 



Exhibit D. — Closing Dates of the Hunting Season in the Northern^States 
and in the Adjoining Provinces of Canada. 

The following table shows the closing dates of the hunting season for certain kinds 
of migratory birds in the Northern States and in adjoining Provinces of Canada. When 
the season closes on or before March 1 effective protection is afforded any migratory 
birds in these latitudes. If the season does not close until some time in April or May, 
as in Pennsylvania, Ohio, and Michigan, spring shooting causes undue destruction of 
the birds on their northward flight to the breeding grounds. 

Examination of this table will show that the seasons in Canada are as effective as 
those in the United States in that they close before the arrival of the birds from^the 
South, except in Ontario in the case of geese and swan. 

Table showing closing dates of hunting season on seven kinds of migratory birds in the 
Northern States and in adjoining Provinces of Canada. 

[Arranged from east to west.l 





Wood- 
cock. 


Plover. 


Curlew. 


Snipe. 


Duck. 


Goose. 


Swan. 


NORTHERN STATES. 


Dec. 
do 


1 

15" 
1 

"5' 
1 

1 
7 
2 


Dec. 1 

(') 
Dec. 1 
Jan. 1 




Dec. 1 
...do 


Jan. 
Feb. 
Jan. 
Jan. 
Apr. 
Apr. 
Apr. 
Jan. 
Dec. 
Dec. 
Jan. 
Feb. 
...do 


1 
1 
1 
11 

10 
21 
11 

1 

1 

16 

1 

1 
















Nov. 
Dec. 
...do. 




...do.... 


Jan. 1 
Jan. 11 
Apr. 10 
Apr. 21 
Jan. 1 
May l 
Dec. 1 
May 10 
Jan. 1 
Feb. 1 
...do.... 


( l ) 




Jan. 1 


Jan. 1 
May 1 
Apr. 21 
Jan. 1 
Dec. 1 
Nov. 7 
Nov. 2 


Jan. 11 




Dec. 1 L.do 


Apr. 10 


Ohio 


Dec. 
Jan. 
Dec. 
Nov. 
Nov. 


Apr. 21 
Jan. 1 
Dec. 1 
Nov. 7 
Nov. 2 


...do.... 


Apr. 21 










( l ) 






Dec. 1 






( l ) 









Jan. 1 






Feb. 1 
do 




Feb. 1 
...do 


( L ) 






Feb. 1 

Jan. 1 
Feb. 1 
Dec. 16 


Feb. 1 


CANADA. 


Dee. 
Feb. 
Nov. 
Jan. 


1 
2 
1(5 
1 


Jan. 1 
Feb. 1 
Dec. 16 
Jan. 1 
...do.... 


Dec. 2 
Feb. 1 
Dec. 16 
Jan. 1 

...do.... 

...do 


Dec. 
Mar. 
Dec. 
Dec. 
Jan. 
...do 


2 
1 
16 
1 
1 


Dec. 2 










Apr. 16 


Apr. 16 








Jan. 1 
...do 


Jan. 1 


Jan. 1 






..do 


Do. 






Mar. 1 




( 2 ) 


Apr. 


1 


( 2 ) 


( 2 ) 











1 Closed. 



2 Fixed by lieutenant governor in council. 



Exhibit E. — Dates op Breeding op Ducks and Other Waterfowl in Early 

Spring. 

The following table is arranged chronologically to show dates on which nests 
of waterfowl containing eggs or young have actually been found in different States. 
It will be noticed that several species begin to breed in March and others in April. 
Any State law which permits hunting of waterfowl in the month of April not only 
encourages the destruction of the birds during their northern migration, but permits 
the killing of birds even while nesting. In several States the open season now con- 
tinues after some species like the wood duck have begun nesting. 



12 



PROTECTION OF MIGRATORY GAME BIRDS. 



Breeding records of ducks in the United States prior to May 1 . 





Date when eggs or 
young found. 


Locality. 




Mar. 19,1877 


Wekiva River, northern Florida (young). 




Mar. 28,1877 


Central Florida, near Blue Springs on St. Johns 

River (young a week old). 
Tolna.N. Dak. (eggs). 




Apr. 1,1910 




Apr. 4, 1889 






Apr. 6, 1901 


Kissimmee River, Fla. (young). 




Early April 


" Breeds 1st of April to last of June," Los Angeles, 




Apr. 7, 1910 


Cal. 
Mt. Pleasant, S. C. (eggs). 
Kingston, Ontario. 
Columbia River, Wash. (eggs). 
Heron Lake, southern Minnesota (eggs). 
Elk River, Minn. (eggs). 
Los Angeles, Cal. (incubated eggs). 
Santee River, S. C. (young out of nest). 
Oswego, N. Y. (eggs). 
Canton, 111. (eggs). 
Malheur Lake, Oreg. 
Hay wards, Cal. (eggs). 


American merganser 


Apr. 10, 1902 


Apr. 12, 1906 




Apr. 12, 1884 


Do 


Apr. 15, 1884 




Apr. 16, 189- 




Apr. 19, 1838 




Apr. 20, 1878 




Apr. 20, 1884 




Apr. 24, 1876 




Apr. 25, 1901 




Apr. 29, 1905... 




Apr. 30, 1837 


Galveston, Tex. (eggs). 
Rehoboth, Mass. (eggs). 
Princeton, N. J. (eggs). 
Hancock County, Iowa. 
Central Wyoming (eggs). 




Apr. 30, 1883 or 1884... 

Late April, 1905 

May 1, 1879 








May 1, 1895 







Exhibit F. — Breeding Dates op Woodcock and Protection Afforded under 
Local Laws in States East of the Mississippi River. 

The woodcock is one of the earliest breeders among game birds. In the South 
it frequently deposits its eggs in February and in the Northern States before the 
middle of April. In the first column are shown specific dates and localities on which 
eggs or young have been found. As the period of incubation is about 30 days, any 
record of "young" would indicate that the first eggs were laid at least 30 days pre- 
viously. Breeding records when compared with migration records indicate that the 
birds are usually paired when they arrive on the nesting grounds. 

At present the woodcock has no protection in Florida or Mississippi and in only 
a few counties in North Carolina. In Alabama the season does not close until March 
15 and in Tennessee until April 15, some time after the birds have begun to breed. 
Consequently in these States it is lawful to kill woodcock during the time when they 
are nesting. 

Table showing breeding dates of woodcock and protection afforded under State lavjs east of 

the Mississippi River. 



State. 



Breeding dates. 



Date of clos- 
ing of hunt- 
ing season. 



Maine 

New Hampshire . 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

West Virginia 

Kentucky 

Ohio 

Michigan 

Indiana 

Illinois 

Wisconsin 

North Carolina. . . 
South Carolina. . . 

Georgia 

Florida 

Alabama 

Mississippi 

Tennessee 



Rockland, Apr. 26, 



ss). 



Middlebury, May 4, 1889 (eggs in April) 

Near Cambridge, Apr. 15 (eggs) . 

Apr. 5 (eggs) 

Norwich, Apr. 5, 1888 (young); Mar. 16 (eggs) 

Southern New York, Apr. 1 (eggs) 

New Brunswick, Mar. 9, 1905 (eggs) 

Berks County, May 18, 1907 (young) (eggs in March) 



Lower Cedar Point, Feb. 25, 1S91 (eggs) 

Falls Church, Apr. 18, 1897 (young); Mar. 20 (eggs). . 



Oberlin, Apr. 19, 1901 (young); Mar. 25 (eggs) . . 
Anr. 10, 1904 (eggs) 

Wheatland, Mar. 14, 1882 (eggs) 

Philo, May 28, 1899 (young); late March (eggs). 



Raleigh, Mar. 19, 1890 (young); late February (eggs). 

Capers Island, Feb. 13, 1903 (eggs) 

Savannah, Feb. 22, 1892 (eggs) 

Jacksonville, Mar. 10, 1877 (young); Feb. 5 (eggs) 



Dec. 1. 
Do. 

Nov. 15. 
Nov. 16. 
Dec. 16. 
Nov. 23. 
Dec. 1. 
Dec. 2. 
Dec. 1. 
Jan. 1. 
Dec. 25. 
Feb. 1. 
Dec. 20. 
Feb. 1. 
Dec. 5. 
Jan. 1. 
Do. 
July 1,1915 
Dec. 1. 
Local laws. 
Jan. 15. 
Feb. 1. 

Mar. 15. 

Apr. 15. 



o 



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